Courts using email to serve documents

[GR01]

Hi All, grateful if anyone can provide some clarity on whether the county courts (small claims) are able to serve documents by email (particularly during the pandemic).

Scenario is a defendant responds to a Directions Questionaire, inwhich they include their correct email address on the response. A defendant is subsequently served by the court with a notice of allocation for a hearing by email. The defendant then misses the hearing and default judement is given for the claimant. The defendant claims they did not see the email, which was sent to the correct email address. Would there be sufficient grounds for a defendant to appeal the decision and request a new hearing?

[echat11]

Hi GR01

I have never known a Court to email an Directions Questionnaire to the parties in a case (clearly it might of happened before), but it is irregular, even in COVID times they have been sent through the post. So it is unusual, especially if you aren't expecting it via email or it hasn't been flagged up prior to being sent.

So yes, it's possible to Appeal.

des8 Any thoughts?

[GR01]

Hi GR01

I have never known a Court to email an Directions Questionnaire to the parties in a case (clearly it might of happened before), but it is irregular, even in COVID times they have been sent through the post. So it is unusual, especially if you aren't expecting it via email or it hasn't been flagged up prior to being sent.

So yes, it's possible to Appeal.

des8 Any thoughts?

Hi Echat11 - thanks for replying, just to clarify the scenario - the DQ was sent by post, the notice of allocation for the hearing was sent by email using the email provided in the DQ response by the defendant.

[echat11]

Hi Echat11 - thanks for replying, just to clarify the scenario - the DQ was sent by post, the notice of allocation for the hearing was sent by email using the email provided in the DQ response by the defendant.

In that case the Judgement would have to be set a side, it's up to the Judge whether to grant the set a side.

Having provided the Court with an email address to use, they can have few complaints if the Court then used the email address to sent the Notice of Allocation.

[GR01]

so as an update - at the appeal hearing the judgement was set aside mainly due to a defence had been filed and that the defendant had not been expecting the Notice of Allocation by email. So hearing to be relisted.

However, the judge said 'costs in the application' right at the ned. What does that mean?

[atticus]

Does this help? See paragraph 4.1 (2) (c).

https://www.justice.gov.uk/courts/pr...pd_part06a#4.1

"Costs in the application" means that the unsuccessful party once the application has been decided may expect to be ordered to pay the successful party's costs.

[GR01]

given that the reason for the appeal, and the decion to grant the appeal to set aside was due to a court error (nothing to do with any of my actions) would I still be expected to pay the defendants appeal costs? Is there any recourse?

[GR01]

given that the reason for the appeal, and the decision to grant the appeal to set aside was due to a court procedural error (nothing to do with any of my actions) would I still be expected to pay the defendants appeal costs? Is there any recourse?

[GR01]

Does this help? See paragraph 4.1 (2) (c).

https://www.justice.gov.uk/courts/pr...pd_part06a#4.1

"Costs in the application" means that the unsuccessful party once the application has been decided may expect to be ordered to pay the successful party's costs.

Grateful if someone is able to help with my comment/questions below:

given that the reason for the appeal, and the decision to grant the appeal to set aside was due to a court procedural error (nothing to do with any of my actions) would I still be expected to pay the defendants appeal costs? Is there any recourse?

[GR01]

Does this help? See paragraph 4.1 (2) (c).

https://www.justice.gov.uk/courts/pr...pd_part06a#4.1

"Costs in the application" means that the unsuccessful party once the application has been decided may expect to be ordered to pay the successful party's costs.

given that the reason for the appeal, and the decion to grant the appeal to set aside was due to a court error (nothing to do with any of my actions) would I still be expected to pay the defendants appeal costs? Is there any recourse?

[atticus]

your best course is to argue the position on costs at the eventual final/substantive hearing of the application.

[GR01]

Hello,

I now have a date for the final hearing. Both parties have been directed to prepare statements outlining their respective positions. I am preparing my statement as the claimant. I am aware that the defendant will be using a witness statement from a neighbour in support of their case. I would like to be able to ask questions to the witness at the hearing as I am able to prove that what they have asserted in their statement is false. My question is whether witnesses are compelled to attend a small claims hearing and/or do I need to request that the witness be available for the hearing?

Secondly, the defendant had failed to attend an earlier concilliatory hearing at which judgement was given in my favour and the defence struck out. The defendant applied for a subsequent hearing to have the judement set aside, which was granted on the basis that the court had notified the defendant of the hearing by email rather than by post and the defendant claimed he was therefore not aware of the hearing. Costs in the application were granted as a result.

If I am successful in the final hearing I do not want to be liable for the costs associated with set-aside judgement. My question here is whether I should outline this in my statement or whether I should raise this verbally with the judge in the final hearing if judgement is given in my favour.

Many thanks.

[atticus]

why not both?

[GR01]

why not both?

Thank you Atticus - that sounds like a sensible approach I think. In terms of the other party's witness, do I need to let the court know that I would like them to attend the hearing so that I have an opportunity to ask them questions?

[atticus]

If this witness does not attend to give evidence, will the lack of his or her evidence be a greater problem for you or for your opponent?